Div 3AEngineered stone

Division 3A—Engineered stone 689A—Engineered stone—exemption (1) The regulator may exempt a type of engineered stone from regulation 529D. (2) A person conducting a business or undertaking is exempt from compliance with regulation 529D if the work involves a type of engineered stone that is the subject of an exemption granted under— (a) subregulation (1); or (b) a corresponding WHS law that is equivalent to subregulation (1). 689B—Engineered stone—application for exemption (1) A person with an interest in having an exemption granted under regulation 689A(1) may apply to the regulator for an exemption. (2) However, before the person can apply under subregulation (1), the person must give each social partner SWA member— (a) a written notice stating— (i) the person intends to make the application; and (ii) the social partner SWA member may give the person submissions for the regulator about the application within the reasonable period stated in the notice; and (iii) the person must provide the social partner SWA member's submissions to the regulator as part of the person's application; and (b) a copy of the proposed application for the exemption. (3) The person's application must be— (a) in writing; and (b) accompanied by the written notice the person gives each social partner SWA member under subregulation (2); and (c) accompanied by any submissions received by the person from social partner SWA members under subregulation (2). social partner SWA members means— (a) the 2 members of Safe Work Australia who represent the interests of workers in Australia; and (b) the 2 members of Safe Work Australia who represent the interests of employers in Australia. 689C—Engineered stone—notifying persons of application for exemption (1) The regulator must give the application documents in relation to an application for an exemption under regulation 689A(1) to each corresponding regulator. (2) The regulator may also give the application documents for an application for an exemption under regulation 689A(1) to— (a) an employer organisation that includes employers who engage in work involving engineered stone; or (b) a union representing employees whose work includes work involving engineered stone; or (c) a person who has qualifications, knowledge, skills and experience relating to engineered stone. application documents, in relation to an application for an exemption under regulation 689A(1), means— (a) a written notice stating— (i) the regulator has received the application; and (ii) the person receiving the notice may make submissions to the regulator about the application within the reasonable period set out in the notice; and (b) a copy of— (i) the application; and (ii) any submissions that the regulator receives in relation to the application under regulation 689B(3)(c). 689D—Engineered stone—regulator to be satisfied about certain matters (1) The regulator must not grant an exemption under regulation 689A(1) unless satisfied that granting the exemption will result in a standard of health and safety that is at least equivalent to the standard that would have been achieved without that exemption. (2) For the purposes of subregulation (1), the regulator must have regard to all relevant matters, including— (a) any submissions received under regulation 689B(3)(c) or 689C; and (b) whether the regulator is satisfied that, if the exemption were granted, the risk associated with the type of engineered stone that is the subject of the application would not be significant; and (c) if Safe Work Australia publishes a document under regulation 689E—the relevant matters contained in the document. 689E—Safe Work Australia may issue and publish documents in relation to exemptions (1) Safe Work Australia may issue a document setting out the matters to be considered when granting an exemption under this Division. (2) Safe Work Australia must publish the document on the Safe Work Australia website. See the Safe Work Australia website (https://www.safeworkaustralia.gov.au). Division 4—Exemption process 690—Application for exemption An application for an exemption must be made in the manner and form required by the regulator. 1 The application must be in writing (see regulation 684(2)). 2 The regulator may grant an exemption on its own initiative (see regulation 684(2)). 3 See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations. 691—Conditions of exemption (1) The regulator may impose any conditions it considers appropriate on an exemption granted under this Part. (2) Without limiting subregulation (1), conditions may require the applicant to do 1 or more of the following: (a) monitor risks; (b) monitor the health of persons at the workplace who may be affected by the exemption; (c) keep certain records; (d) use a stated system of work; (e) report certain matters to the regulator; (f) give notice of the exemption to persons who may be affected by the exemption. A decision to impose a condition is a reviewable decision (see regulation 676). 692—Form of exemption document The regulator must prepare an exemption document that states the following: (a) the name of the applicant for the exemption (if any); (b) the person or class of persons to whom the exemption will apply, if applicable; (c) the work or thing to which the exemption relates, if applicable; (d) the circumstances in which the exemption will apply; (e) the provisions of these regulations to which the exemption applies; (f) any conditions on the exemption; (g) the date on which the exemption takes effect; (h) the duration of the exemption. 693—Compliance with conditions of exemption A person to whom the exemption is granted must— (a) comply with the conditions of the exemption; and (b) ensure that any person under the management or control of that person complies with the conditions of the exemption. 694—Notice of decision in relation to exemption (1) The regulator must give a copy of the exemption document referred to in regulation 692 within 14 days after making the decision to grant the exemption to— (a) if a person applied for the exemption—the applicant; or (b) if the regulator granted the exemption on the regulator's own initiative—each person (other than persons to whom regulation 695 applies) to whom the exemption will apply. (2) If the regulator grants an exemption under regulation 689A(1), the regulator must notify each corresponding regulator that the exemption is granted. 695—Publication of exemption (1) This regulation applies to an exemption that— (a) relates to a class of persons; or (b) is granted under regulation 689A(1). (2) The regulator must publish a copy of the exemption— (a) on an appropriate government website; and (b) in the Gazette. (3) If the regulator grants an exemption under regulation 689A(1), the regulator must publish on an appropriate government website the reasons for the decision within 14 days after the day the exemption is granted. 696—Notice of refusal of exemption (1) If the regulator refuses to grant an exemption, the regulator must give the applicant for the exemption written notice of the refusal within 14 days after making that decision. (2) The notice must state the regulator's reasons for the refusal. A refusal to grant an exemption is a reviewable decision (see regulation 676). 697—Amendment or cancellation of exemption The regulator may at any time amend or cancel an exemption. A decision to amend or cancel an exemption is a reviewable decision (see regulation 676). 698—Notice of amendment or cancellation (1) The regulator must give written notice of the amendment or cancellation of an exemption, within 14 days after making the decision to amend or cancel the exemption, to— (a) if a person applied for the exemption—the applicant; or (b) if the regulator granted the exemption on its own initiative—each person (other than persons to whom subregulation (2) applies) to whom the exemption applies. (2) If the exemption affects a class of persons or is granted under regulation 689A(1), the regulator must publish notice of the amendment or cancellation of the exemption in the Gazette. (3) The notice must state the regulator's reasons for the amendment or cancellation. (4) The amendment or cancellation takes effect— (a) on the publication of the notice in the Gazette, or on a later date specified in the notice; or (b) if the notice is not required to be published in the Gazette, on the giving of the notice to the applicant under subregulation (1) or on a later date specified in the notice. Part 3—Miscellaneous 699—Incident notification—prescribed serious illnesses For the purposes of section 36 of the Act, each of the following conditions is a serious illness: (a) any infection to which the carrying out of work is a significant contributing factor, including any infection that is reliably attributable to carrying out work— (i) with micro‑organisms; or (ii) that involves providing treatment or care to a person; or (iii) that involves contact with human blood or body substances; or (iv) that involves handling or contact with animals, animal hides, skins, wool or hair, animal carcasses or animal waste products; (b) the following occupational zoonoses contracted in the course of work involving handling or contact with animals, animal hides, skins, wool or hair, animal carcasses or animal waste products: (i) Q fever; (ii) Anthrax; (iii) Leptospirosis; (iv) Brucellosis; (v) Hendra Virus; (vi) Avian Influenza; (vii) Psittacosis. 699A—Incident notification—prescribed dangerous incident For the purposes of section 37 of the Act, the unplanned loss of control of heavy earthmoving machinery (including failure of braking or steering) at a mine is a dangerous incident. 700—Inspectors' identity cards For the purposes of section 157(1) of the Act, an identity card given by the regulator to an inspector must include the following: (a) a recent photograph of the inspector in the form specified by the regulator; (b) the inspector's signature; (c) the date (if any) on which the inspector's appointment ends; (d) any conditions to which the inspector's appointment is subject, including the kinds of workplaces in relation to which the inspector may exercise his or her compliance powers. 701—Review of decisions under the Act—stay of decision For the purposes of section 228(6)(a) of the Act, the prescribed period is 14 days. 702—Confidentiality of information—exception relating to administration or enforcement of other laws The following Acts are prescribed for the purposes of section 271(3)(c)(ii) of the Act: (a) a corresponding WHS law; (b) the Controlled Substances Act 1984; (c) the Criminal Law Consolidation Act 1935; (d) the Electricity Act 1996; (e) the Environment Protection Act 1993; (f) the Fire and Emergency Services Act 2005; (g) the Motor Vehicles Act 1959; (h) the National Vocational Education and Training Regulator Act 2011 of the Commonwealth; (i) the Navigation Act 2012 of the Commonwealth; (j) the Occupational Health and Safety Act 2004 of Victoria; (k) the Occupational Safety and Health Act 1984 of Western Australia; (l) the Rail Safety National Law (South Australia) Act 2012; (m) the Road Traffic Act 1961; (n) the Summary Offences Act 1953; (o) the Training and Skills Development Act 2008; (p) the Return to Work Act 2014; (q) the Return to Work Corporation of South Australia Act 1994. 703—Expiation notices An inspector is authorised to give expiation notices for alleged offences against the Act or these regulations. 704—Expiation of offences against Act (1) The expiation fees specified in the following table are prescribed for alleged offences against the Act arising from an alleged contravention of the section specified opposite the fee: Section Fee 38(7) Duty to notify of notifiable incidents 70(1)(c), (d) or (e) General obligations of person conducting business or undertaking 70(2) General obligations of person conducting business or undertaking 72(8) Obligation to train health and safety representatives 74(1) List of health and safety representatives In the case of an individual—$240; In the case of a body corporate—$1 200 75(1) Health and safety committees 79(3) Duties of person conducting business or undertaking 79(4) Duties of person conducting business or undertaking 97(1) Display of provisional improvement notice Compliance with improvement notice Person not to levy workers (2) An offence against the Act for which an expiation fee is prescribed under subregulation (1) is declared to be an infringement offence for the purposes of the Act. 705—Waiver of fees The regulator may determine to refund, waive or reduce any fee prescribed for the purposes of the Act or these regulations. 706—Registration of employers (1) For the purposes of subclause (5)(a) of clause 2 of Schedule 5 of the Act, the following criteria are prescribed under subclause (6) of that clause: (a) that the fee or fees paid by a particular person should reflect the aggregate remuneration paid to the person's employees in each class of industry in which the person employs employees (after applying the industry classification or classifications, and any other relevant principles, that apply in relation to the employer under the Return to Work Act 2014); and (b) that the fee or fees paid by a person in a particular industry should reflect the risk of work-related injuries in that industry (by applying the industry premium rate that applies in relation to that industry under the Return to Work Act 2014). (2) The criteria prescribed under subregulation (1) replace the criteria under subclause (6) of clause 2 of Schedule 5 of the Act. (3) For the purposes of clause 2(10) of Schedule 5 of the Act, the periodical fee that applies under clause 2 of Schedule 5 of the Act is payable by an employer to RTWSA wherever the employer must make a payment of premium under section 144 of the Return to Work Act 2014 or must pay a fee under section 146 of that Act (and if a person fails to pay a fee, or the full amount of a fee, in accordance with this regulation then the unpaid amount will be taken to be unpaid premium or an unpaid fee (as the case requires) under Part 9 of the Return to Work Act 2014). (4) No fee is payable in relation to an organisation that is the subject of an exemption under section 114 of the Fair Work Act 1994. (5) For the purposes of clause 2(2) of Schedule 5 of the Act (and in addition to the persons who are exempt from the obligation to be registered as employers under the Return to Work Act 2014), the following persons are exempt from the obligation to be registered as employers under the Act: (a) a person carrying out work in relation to a mine to which the Mines and Works Inspection Act 1920 applies; (b) a person carrying out operations to which the Petroleum and Geothermal Energy Act 2000 or the Petroleum (Submerged Lands) Act 1982 apply. 707—Prescription of fee (1) For the purposes of clause 2 of Schedule 5 of the Act, the prescribed amount for the 2025/2026 financial year is $34 858 000. (2) The prescribed percentage of the prescribed amount payable to the Department for the 2025/2026 financial year is 99.04%. Part 4—Transitional and saving provisions 708—Interpretation In this Part— amusement structure has the same meaning as in the revoked regulations; Director has the same meaning as in the repealed Act; relevant day means the day on which this Part comes into operation; repealed Act means the Occupational Health, Safety and Welfare Act 1986; revoked regulations means the Occupational Health, Safety and Welfare Regulations 2010. 709—Training for health and safety representatives (regulation 21) (1) Subject to subregulation (2), a person who has completed a course of training approved for the purposes of section 31A of the repealed Act will be taken to have completed initial training for the purposes of sections 85(6) and 90(4) of the Act. (2) Subregulation (1) will cease to apply on the first anniversary of the relevant day (and so a person within the ambit of that subregulation must attend a day's bridging training of a kind approved by the regulator for the purposes of this regulation before the first anniversary of the relevant day in order to exercise the powers under sections 85 and 90 after that anniversary). (3) In the case of a person who, on the relevant day, is in his or her second or third year of a term of office as a health and safety representative, the day's bridging training envisaged by subregulation (2) will constitute an entitlement to a day's training that is additional to the days that apply as prescribed days under section 72 of the Act. 710—Confined space entry permit (regulation 67) (1) An entry permit in force under regulation 45 of the revoked regulations immediately before the relevant day will be taken to be a confined space entry permit issued for the purposes of regulation 67(1) of these regulations and will be taken, subject to subregulation (2), to comply with the requirements of that regulation. (2) If a permit that is taken under subregulation (1) to be a confined space entry permit does not include space for an acknowledgement that work has been completed and that all persons have left the confined space as required under regulation 67(2)(d) of these regulations, the requirements of regulation 67(4)(b) will be satisfied if the competent person completes the acknowledgement on a separate piece of paper to be kept with the permit. 711—Notice of demolition work (regulation 142) If— (a) notice of the proposed commencement of notifiable work has been given to the Director in accordance with the requirements of regulation 416 of the revoked regulations before the relevant day; and (b) the notifiable work is to commence on or after the relevant day; and (c) the notifiable work is proposed demolition work of a kind referred to in regulation 142(1) of these regulations, the person who gave the notice will be taken to have given notice to the regulator of the proposed demolition work in accordance with regulation 142. 712—Inspection and testing of electrical equipment (regulation 150) If a person conducting a business or undertaking at a workplace has, before the relevant day, kept a record of regular inspection and testing of electrical plant in the workplace that has occurred in accordance with the requirements of regulation 55 of the revoked regulations, and the record satisfies the requirements of regulation 150(4) of these regulations, the record will be taken to be evidence that inspection and testing of the equipment occurred at the time specified in the record. 713—Plant with presence-sensing safeguarding system—records (regulation 226) Regulation 226 of these regulations applies to and in relation to a record maintained by a person in accordance with the requirements of regulation 121 of the revoked regulations relating to a presence-sensing safeguarding system. 714—Major inspection of registered mobile cranes and tower cranes (regulation 235) Until 1 January 2014, a person who is, in the opinion of a person to whom regulation 235 applies, competent to carry out maintenance, inspection and testing of a mobile crane or tower crane will be taken to be a competent person within the meaning of that regulation. 715—Records of plant (regulation 237) Regulation 237 of these regulations applies to and in relation to a record maintained by a person in accordance with the requirements of regulation 121 of the revoked regulations relating to plant of a kind that is required to be registered under Chapter 5 Part 3 of these regulations. 716—Health monitoring records (regulation 444) Regulation 444 of these regulations applies to and in relation to a record made for the purposes of regulation 206 of the revoked regulations or regulation 4.2.8 of the Occupational Health, Safety and Welfare Regulations 1995 that relates to the health of a worker as if the record were a health monitoring report. 717—Licensed asbestos removalist must keep training records (regulation 461) Regulation 461 of these regulations applies to and in relation to a record made for the purposes of regulation 206 of the revoked regulations or regulation 4.2.8 of the Occupational Health, Safety and Welfare Regulations 1995 that relates to training undertaken by a worker to ensure that he or she is aware of any risks involved in the performance of asbestos work and the precautions that should be taken to protect his or her health. 718—Amusement structures—registration of design (1) A design of an amusement structure registered, or taken to have been registered, under the revoked regulations immediately before the relevant day will be taken to be registered under Chapter 5 Part 3 of these regulations. (a) a condition that applied immediately before the relevant day with respect to the registration will be taken to be a condition of registration under Chapter 5 Part 3 of these regulations; (b) a design registration number issued, or taken to have been issued, in respect of the registration under regulation 172 of the revoked regulations will be taken to have been issued under regulation 260 of these regulations; (c) the instrument of registration for the design of the amusement structure under the revoked regulations will be taken to be a registration document issued by the regulator in relation to the design of the structure under regulation 261 of these regulations. (3) An application for registration of a design of an amusement structure made under regulation 172 of the revoked regulations but not finally determined immediately before the relevant day is to be taken to be an application to the regulator for registration of a design of plant under Chapter 5 Part 3 of these regulations and is to be dealt with accordingly. (4) If an application within the ambit of subregulation (3) satisfies the requirements of regulation 172 of the revoked regulations, the application will be taken to satisfy the requirements of Chapter 5 Part 3 of these regulations. 719—Amusement structures—registration (1) An amusement structure registered under the revoked regulations immediately before the relevant day will be taken to be registered under Chapter 5 Part 3 of these regulations. (a) a condition that applied immediately before the relevant day with respect to the registration will be taken to be a condition of registration under Chapter 5 Part 3 of these regulations; (b) the registration will expire— (i) at the end of the period of registration specified by the Director in the instrument of registration under the revoked regulations; or (ii) on the first anniversary of the relevant day, whichever occurs first; (c) the instrument of registration for the amusement structure under the revoked regulations will be taken to be a registration document issued by the regulator in relation to the structure under regulation 274 of these regulations. (3) An application for registration of an amusement structure made under regulation 173 of the revoked regulations but not finally determined immediately before the relevant day is to be taken to be an application to the regulator for registration of an item of plant under Chapter 5 Part 3 of these regulations and is to be dealt with accordingly. (4) If an application within the ambit of subregulation (3) satisfies the requirements of regulation 173 of the revoked regulations, the application will be taken to satisfy the requirements of Chapter 5 Part 3 of these regulations. 720—Plant—registration of design (1) A design of plant (other than an amusement structure) registered, or taken to have been registered, under the revoked regulations immediately before the relevant day will be taken to be registered under Chapter 5 Part 3 of these regulations. (a) a condition that applied immediately before the relevant day with respect to the registration will be taken to be a condition of registration under Chapter 5 Part 3 of these regulations; (b) a design registration number issued, or taken to have been issued, in respect of the registration under regulation 139 of the revoked regulations will be taken to have been issued under regulation 260 of these regulations; (c) the instrument of registration for the design under the revoked regulations will be taken to be a registration document issued by the regulator in relation to the design of the item of plant under regulation 261 of these regulations. (3) Despite Chapter 5 Part 3 of these regulations, the design of concrete placing booms need not be registered unless the design was commenced on or after the first anniversary of the relevant day. (4) An application for registration of a plant design made under regulation 139 of the revoked regulations but not finally determined immediately before the relevant day is to be taken to be an application to the regulator for registration of a design of plant under Chapter 5 Part 3 of these regulations and is to be dealt with accordingly. (5) If an application within the ambit of subregulation (4) satisfies the requirements of regulation 139 of the revoked regulations, the application will be taken to satisfy the requirements of Chapter 5 Part 3 of these regulations. 721—Plant—registration (1) An item of plant (other than an amusement structure) registered under the revoked regulations immediately before the relevant day will be taken to be registered under Chapter 5 Part 3 of these regulations. (a) a condition that applied immediately before the relevant day with respect to the registration will be taken to be a condition of registration under Chapter 5 Part 3 of these regulations; (b) the registration will expire on the day on which an annual fee payable under regulation 143 of the revoked regulations in relation to the plant would have first been payable after the relevant day if those regulations had not been revoked; (c) a plant registration number applying in relation to the plant immediately before the relevant day will be taken to have been issued under regulation 273 of these regulations; (d) the instrument of registration for the item of plant under the revoked regulations will be taken to be a registration document issued by the regulator in relation to the item under regulation 274 of these regulations. (3) Until the first anniversary of the relevant day, the requirement under Chapter 5 Part 3 of these regulations to register items of plant does not apply in relation to an item that— (a) falls within the category 'concrete placement with delivery booms'; and (b) would not, if the revoked regulations were still in operation, be required to be registered under Part 3 Division 4 of those regulations. (4) An application for registration of an item of plant made under regulation 140 of the revoked regulations but not finally determined immediately before the relevant day is to be taken to be an application to the regulator for registration of an item of plant under Chapter 5 Part 3 of these regulations and is to be dealt with accordingly. (5) If an application within the ambit of subregulation (4) satisfies the requirements of regulation 140 of the revoked regulations, the application will be taken to satisfy the requirements of Chapter 5 Part 3 of these regulations. 722—High risk work—accreditation of assessors (1) Registration of a person as an assessor under regulation 412 of the revoked regulations immediately before the relevant day will be taken to be accreditation of the person to conduct assessments under regulation 115 of these regulations. (2) The following provisions apply in relation to an accreditation within the ambit of subregulation (1): (a) Chapter 4 Part 5 Division 2 of these regulations will apply, subject to this regulation, to and in relation to the accreditation; (b) any condition of the registration of the person in force under the revoked regulations immediately before the relevant day will be taken to be a condition imposed on the accreditation by the regulator; (c) a certificate of the registration will be taken to be an accreditation document issued to the person by the regulator under regulation 123 of these regulations; (d) the accreditation will expire— (i) in the case of an accreditation of a person who was not required to pay a registration fee or an annual fee because he or she was registered as an assessor under a law of another State, a Territory or the Commonwealth that corresponds to the provisions of Part 7 Division 4 of the revoked regulations—when his or her registration as an assessor expires (whether under that other law or under another law under which the registration (however described) was continued); and (ii) in any other case— (A) on the day on which the annual fee in relation to the registration would have first become due and payable following the relevant day under regulation 412(14) of the revoked regulations; or (B) 12 months from the relevant day, whichever occurs first. (3) An application for registration as an assessor made under regulation 412 of the revoked regulations but not finally determined immediately before the relevant day is to be taken to be an application to the regulator for accreditation as an assessor under Chapter 4 Part 5 of these regulations and is to be dealt with accordingly. (4) If an application within the ambit of subregulation (3) satisfies the requirements of regulation 412 of the revoked regulations, the application will be taken to satisfy the requirements of Chapter 4 Part 5 of these regulations. 723—Pipeline builder's duties (regulation 390) If, before the day on which regulation 390 commences, a notice is given as required under regulation 55 of the Dangerous Substances Regulations 2002 of an intention to re-lay, renew or carry out repairs to a pipeline, the person who gave the notice will be taken to have complied with the requirements of regulation 390(2) of these regulations with respect to the activity to which the notice relates. 724—Licence to carry out high risk work (1) This regulation applies to a high risk work licence to carry out high risk work of a particular class in force for the purposes of Part 7 Division 4 of the revoked regulations immediately before the relevant day. (2) Subject to this regulation, a high risk work licence to which this regulation applies (the original licence) will be taken to be a high risk work licence for the class of high risk work under these regulations that corresponds to the class of high risk work authorised by the original licence. (3) Subject to this regulation, Chapter 4 Part 5 of these regulations applies to and in relation to a high risk work licence to which this regulation applies as if it were a high risk work licence issued by the regulator under that Part. (4) Any condition of the licence in force under the revoked regulations immediately before the relevant day will be taken to be a condition imposed on the licence by the regulator. (5) A high risk work licence to which this regulation applies will, unless cancelled earlier, expire 5 years after the day on which it was granted. (6) If a person holds a high risk work licence to which this regulation applies for the 'Basic boiler operation' or 'Intermediate boiler operation' class of high risk work, the licence will be taken to be a high risk work licence for the 'Standard boiler operation' class of high risk work under these regulations. (7) If a person holds a non-slewing mobile crane licence to which this regulation applies authorising the person to carry out work that, under these regulations, requires the person to hold a high risk work licence for the 'Reach stacker' class of high risk work, the licence will be taken, until the second anniversary of the relevant day, to be a high risk work licence for the 'Reach stacker' class of high risk work under these regulations. (8) A person may apply for, and may be granted, a high risk work licence for a class of high risk work to which this subregulation applies despite the fact that he or she has not completed the VET courses set out in Schedule 4 of these regulations in relation to the high risk work licence applied for if the person holds qualifications that would have enabled him or her to undertake high risk work of that class lawfully immediately before the relevant day (and regulations 86 and 87 of these regulations will apply as if the person had completed the relevant VET courses). (9) Subregulation (8) applies to the following classes of high risk work: (a) Concrete placing boom; (b) Reciprocating steam engine; (c) Advanced boiler operation; (d) Standard boiler operation; (e) Reach stacker; (f) Steam turbine operation. (10) Subregulation (8) will cease to have effect on the second anniversary of the relevant day (but an application for a high risk work licence for a class of high risk work to which that subregulation applies made before that anniversary is to be dealt with as if the subregulation still had effect). (11) An application for a licence made under regulation 387 of the revoked regulations but not finally determined immediately before the relevant day is to be taken to be an application to the regulator for the equivalent licence under Chapter 4 Part 5 of these regulations and is to be dealt with accordingly. (12) If an application within the ambit of subregulation (11) satisfies the requirements of regulation 387 of the revoked regulations, the application will be taken to satisfy the requirements of Chapter 4 Part 5 of these regulations. (13) If— (a) a person held a relevant certificate relating to high risk work that was in force immediately before the commencement of the revoked regulations; and (b) the person was permitted under regulation 408 of the revoked regulations to continue to perform the work for which the certificate was granted until expiry of the certificate in accordance with Schedule 10 of the revoked regulations; and (c) the certificate has not expired before the commencement of these regulations, the person may continue to perform the work for which the certificate was granted (subject to any terms and conditions granted with the certificate) until the day on which the certificate would expire under that Schedule if the revoked regulations were still in operation. (14) In subregulation (13)— relevant certificate means— (a) a certificate of competency as defined in regulation 6.4.1 of the Occupational Health, Safety and Welfare Regulations 1995 as in force immediately before the commencement of the revoked regulations; (b) other evidence of competency. 725—Asbestos removal licence (1) This regulation applies to an asbestos removal licence issued, or taken to have been issued, by the Director under Part 5 Division 2 of the revoked regulations if the licence was in force immediately before the relevant day. (2) An asbestos removal licence to which this regulation applies will be taken to have been granted under Chapter 8 Part 10 of these regulations. (3) An asbestos removal licence to which this regulation applies that is limited to the removal of asbestos-cement (fibro) products or other non-friable asbestos containing material will be taken to be a Class B asbestos removal licence. (4) An asbestos removal licence to which this regulation applies that is not limited will be taken to be a Class A asbestos removal licence. (5) Subject to this regulation, Chapter 8 Part 10 of these regulations applies to and in relation to an asbestos removal licence to which this regulation applies as if it were an asbestos removal licence issued by the regulator under that Part. (6) An asbestos removal licence to which this regulation applies will, unless cancelled earlier, expire 2 years after the day on which it was granted. 727—Asbestos assessors licence (1) A person who, immediately before the relevant day, was authorised to carry out work of a kind requiring the person to hold an asbestos assessor licence under these regulations is authorised to carry out work of that kind despite the fact he or she is not the holder of an asbestos assessor licence. (2) This regulation will cease to have effect on the second anniversary of the relevant day. 728—Asbestos removal supervisors and asbestos removal workers (1) Despite any other regulation, the regulator may, on application by a person, authorise the person to supervise or carry out licensed asbestos removal work despite the fact that the person does not hold certification in relation to the specified VET course relevant to the supervision of asbestos removal work or the class of licensed asbestos removal work to be carried out if the regulator is satisfied that the person has appropriate training and is competent to supervise or carry out the work. (2) An application under subregulation (1) must be made in the manner and form required by the regulator. (3) This regulation will cease to have effect on the second anniversary of the relevant day. 729—Applicants for asbestos removal licences or asbestos assessor licences (regulation 491) (1) Until the second anniversary of the relevant day, a person may apply for, and may be granted, a Class A asbestos removal licence or a Class B asbestos removal licence despite the fact that he or she has not completed the specified VET course for the supervision of asbestos removal work if the regulator is satisfied that the person has appropriate training and experience and is competent to supervise the work to which the licence relates. (2) Until the second anniversary of the relevant day, a person may apply for, and may be granted, an asbestos assessor licence despite the fact that he or she has not completed the specified VET course for asbestos assessor work if the regulator is satisfied that the person has appropriate training and experience and is competent to carry out asbestos assessor work. (3) An application for an asbestos removal licence made under regulation 202 of the revoked regulations but not finally determined immediately before the relevant day is to be taken to be an application to the regulator for the equivalent licence under Chapter 8 Part 10 of these regulations and is to be dealt with accordingly. (4) If an application within the ambit of subregulation (3) satisfies the requirements of regulation 202 of the revoked regulations, the application will be taken to satisfy the requirements of Chapter 8 Part 10 of these regulations. 730—Diving work (1) A person is taken to have the qualifications under regulation 171 in relation to general diving work if the person has— (a) undertaken harvesting or scientific diving work during 2012; and (b) completed at least 60 hours of harvesting or scientific work between 1 January 2011 and 31 December 2012 (both days inclusive). (2) If subregulation (1) does not apply, a person is taken to have a qualification under regulation 171— (a) in relation to general diving work (other than harvesting or scientific work); and (b) until the end of 31 December 2013, in relation to harvesting or scientific work, if the person has— (c) undertaken general diving work (other than incidental diving work and limited scientific work) during 2012; and (d) completed at least 60 hours of general diving work (other than incidental diving work and limited scientific diving work) between 1 January 2011 and 31 December 2012 (both days inclusive). (3) If subregulations (1) and (2) do not apply, a person is taken, until 31 December 2013, to have qualifications under regulation 171(a) in relation to general diving work if the person has— (a) undertaken general diving work (other than incidental diving work and limited scientific diving work) during 2012; and (b) completed at least 15 hours of general diving work (other than incidental diving work and limited scientific diving work) between 1 January 2011 and 31 December 2012 (both dates inclusive). (4) If subregulations (1), (2) and (3) do not apply, and a person undertakes general diving work (other than incidental diving work and limited scientific diving work) between 1 January 2013 and 30 June 2013 (both dates inclusive), that person is taken to have a qualification under regulation 171(a) for 6 months from the date on which the person first undertakes general diving work (other than incidental diving work and limited scientific diving work) during that period. harvesting or scientific diving work means general diving work (other than incidental diving work and limited scientific diving work) that is carried out for the purposes of— (a) taking fish, shellfish or other marine or aquatic life (whether for food or for other purposes); or (b) professional scientific research, natural resource management or scientific research as an educational activity. 731—Duties of designers (1) Subject to this regulation, the duties imposed on a designer under regulation 59, 61 or 64, Division 2 of Chapter 5 Part 1, Division 2 of Chapter 5 Part 2 or regulation 295 of these regulations do not apply to or in relation to the designing of any plant, substance or structure (including with respect to the provision of any information) if the designer commenced (or commenced and completed) designing the plant, substance or structure before the relevant day. (a) subregulation (1) applies in relation to a particular design; and (b) the designer would, if the revoked regulations were still in operation, be subject to the operation of a provision of the revoked regulations imposing a duty that corresponds to a duty of a kind imposed under a provision referred to in subregulation (1), (c) the designer must comply with the relevant requirements of those provisions as if the revoked regulations were still in operation; and (d) if the designer fails to comply with paragraph (c), then action may be brought against the designer (including by the undertaking of a prosecution) as if the revoked regulations were still in operation. (3) If a designer commenced designing any plant, substance or structure before the relevant day but has not completed the design by the second anniversary of the relevant day, then the designer will, in relation to the design, cease to have the benefit of subregulation (1) and the designer must comply with the requirements of these regulations in relation to the duties of a designer (as if these regulations had been in operation at the time that the designer commenced designing). 732—Duties of manufacturers (1) Subject to this regulation, the duties imposed on a manufacturer under regulation 59, 61, 64, Division 3 of Chapter 5 Part 1 or regulation 231 of these regulations do not apply to or in relation to the manufacture of any plant, substance or structure (including with respect to the provision of any information) if the manufacturer commenced (or commenced and completed) any process associated with the manufacturing of the plant, substance or structure before the relevant day. (a) subregulation (1) applies in relation to the manufacture of any particular plant, substance or structure; and (b) the manufacturer would, if the revoked regulations were still in operation, be subject to the operation of a provision of the revoked regulations imposing a duty that corresponds to a duty of a kind imposed under a provision referred to in subregulation (1), (c) the manufacturer must comply with the relevant requirements of those provisions as if the revoked regulations were in operation; and (d) if the manufacturer fails to comply with paragraph (c), then action may be brought against the manufacturer (including by the undertaking of a prosecution) as if the revoked regulations were still in operation. (3) If a manufacturer commenced any process associated with the manufacturing of any plant, substance or structure before the relevant day but has not completed the manufacturing by the first anniversary of the relevant day, then the manufacturer will, in relation to the manufacture of the plant, substance or structure, cease to have the benefit of subregulation (1) and the manufacturer must comply with the requirements of these regulations in relation to the duties of a manufacturer (as if these regulations had been in operation at the time that the manufacturer commenced this process). 733—Duties of importers (1) Subject to this regulation, the duties imposed on an importer under regulation 59, 61, 64, Division 4 of Chapter 5 Part 1 or regulation 232 of these regulations do not apply to or in relation to the importing of any plant, substance or structure (including with respect to carrying out any calculations, analysis, testing or examination or with respect to the provision of any information) if the importer commenced (or commenced and completed) any steps constituting the importation of the plant, substance or structure before the relevant day. (a) subregulation (1) applies in relation to the importing of any particular plant, substance or structure; and (b) the importer would, if the revoked regulations were still in operation, be subject to the operation of a provision of the revoked regulations imposing a duty that corresponds to a duty of a kind imposed under a provision referred to in subregulation (1), (c) the importer must comply with the relevant requirements of those provisions as if the revoked regulations were in operation; and (d) if the importer fails to comply with paragraph (c), then action may be brought against the importer (including by the undertaking of a prosecution) as if the revoked regulations were still in operation. (3) If an importer commenced any process associated with the importing of any plant, substance or structure before the relevant day but has not completed the importing by the first anniversary of the relevant day, then the importer will, in relation to the importing of the plant, substance or structure, cease to have the benefit of subregulation (1) and the importer must comply with the requirements of these regulations in relation to the duties of an importer (as if these regulations had been in operation at the time that the importer commenced this process). 734—Duties of suppliers (1) Subject to this regulation, the duties imposed on a supplier under regulation 59, 61, 64, Division 5 of Chapter 5 Part 1 or 233 of these regulations do not apply to or in relation to the supply of any plant, substance or structure (including with respect to the provision of any information) if the supplier commenced (or commenced and completed) any process associated with the supply of the plant, substance or structure before the relevant day. (a) subregulation (1) applies in relation to the supply of any particular plant, substance or structure; and (b) the importer would, if the revoked regulations were still in operation, be subject to the operation of a provision of the revoked regulations imposing a duty that corresponds to a duty of a kind imposed under a provision referred to in subregulation (1), (c) the supplier must comply with the relevant requirement of those provisions as if the revoked regulations were in operation; and (d) if the supplier fails to comply with paragraph (c), then action may be brought against the supplier (including by the undertaking of a prosecution) as if the revoked regulations were still in operation. (3) If a supplier commenced any process associated with the supply of any plant, substance or structure before the relevant day but has not completed the supplying by the first anniversary of the relevant day, then the supplier will, in relation to the supply of the plant, substance or structure, cease to have the benefit of subregulation (1) and the supplier must comply with the requirements of these regulations in relation to the duties of a supplier (as if these regulations had been in operation at the time that the supplier commenced this process). 735—Duties of persons who install, construct or commission plant or structures (1) In this regulation— designated person means a person who conducts a business or undertaking that installs, constructs or commissions plant or a structure. (a) clause 17(2) of Schedule 6 of the Act applies in relation to the installation, construction or commissioning of any plant or structure; and (b) a designated person would be subject to the operation of section 24 of the repealed Act if that section were still in operation, (c) the designated person must comply with the relevant requirements of that section as if the repealed Act were still in operation; and (d) if the designated person fails to comply with paragraph (c), action may be brought against the designated person (including by the undertaking of a prosecution) as if the repealed Act were still in operation. (3) Subject to this regulation, the duties imposed on a designated person under Division 6 of Chapter 5 Part 1, regulation 234, 294 or 296 of these regulations do not apply to or in relation to the installation, construction or commissioning of any plant or structure if the designated person commenced (or commenced and completed) any process associated with the installation, construction or commissioning of the plant or structure before the relevant day. (4) If— (a) subregulation (3) applies in relation to the installation, construction or commissioning of any particular plant or structure; and (b) the designated person would, if the revoked regulations were still in operation, be subject to the operation of a provision of the revoked regulations imposing a duty that corresponds to a duty of a kind imposed under a provision referred to in subregulation (3), (c) the designated person must comply with the relevant requirement of those provisions as if the revoked regulations were in operation; and (d) if the designated person fails to comply with paragraph (c), then action may be brought against the person (including by the undertaking of a prosecution) as if the revoked regulations were still in operation. (5) If a designated person commenced any process associated with the installation, construction or commissioning of any plant or structure before the relevant day but had not completed the installation, construction or commissioning by the second anniversary of the relevant day, then the designated person will, in relation to the installation, construction or commissioning of the plant or structure, cease to have the benefit of subregulation (3) and the designated person must comply with the requirements of these regulations in relation to the duties of a designated person (as if these regulations had been in operation at the time that the designated person commenced this process). 736—Classification and labelling under GHS Until 31 December 2016, if a provision of these regulations imposes an obligation or duty on a person to classify or label a hazardous chemical under or in accordance with the GHS, the person will be taken to have complied with the obligation or duty if he or she classifies or labels the chemical under or in accordance with— (a) the ADG Code; or (b) — (i) the Approved Criteria for Classifying Hazardous Substances [NOHSC:1008 (2004)]; and (ii) the Labelling of Workplace Hazardous Chemicals Code of Practice published by Safe Work Australia in December 2011. 737—Roll-over protection on tractors (regulation 216) A person with the management or control of a tractor manufactured, imported or originally purchased before 1 January 1981 is not required to comply with regulation 216 of these regulations in relation to the tractor until 1 January 2016. 738—Existing use, handling or storing of prohibited or restricted carcinogens (regulations 380 and 381) (1) This regulation applies if on the relevant day a person conducting a business or undertaking at a workplace is using, handling or storing— (a) a prohibited carcinogen to which regulation 380 applies (the relevant regulation); or (b) a restricted carcinogen to which regulation 381 applies (also the relevant regulation). (2) Subregulation (3) applies to the person if the person makes an application (a transitional application) to the regulator under regulation 383 for an authorisation for use, handling or storage within 12 months after the relevant day. (3) The relevant regulation does not apply to the person until— (a) the transitional application is granted; or (b) the transitional application is refused and any review or appeal in relation to the decision to refuse the application has ended. 739—Codes of practice (repealed Act) (1) The following approved codes of practice in force under section 63 of the repealed Act immediately before the relevant day are brought within the ambit of the definition of prescribed code of practice for the purposes of Schedule 6 Part 9 clause 23 of the Act: (a) Approved Code of Practice for Working Hours; (b) National Code of Practice for Precast, Tilt Up and Concrete Elements in Building Construction; (c) Approved Code of Practice for Tuna Farm Diving; (d) AS/NZS 1200: Pressure equipment; (e) AS 4024.3001: Safety of machinery—Materials forming and shearing—Mechanical power presses; (f) AS 4024.3002: Safety of machinery—Materials forming and shearing—Hydrologic power presses; (g) AS 1418: Cranes, including hoists and winches; (h) AS/NZS 1576: Scaffolding (Parts 1 - 4); (i) AS 1735: Lifts, escalators and moving walks; (j) AS 1755: Conveyers—Safety requirements; (k) AS 3533: Amusement rides and devices; (l) AS 2030: Gas cylinders; (m) AS 2550: Cranes, hoists and winches—Safe use; (n) AS 2593: Boilers—Safety management and supervision systems; (o) AS/NZS 3788: Pressure equipment—In-service inspection. (2) Any other approved code of practice in force under section 63 of the repealed Act immediately before the relevant day is revoked. 740—Codes of practice (new scheme) A code of practice approved by the Minister for the purposes of the Act that is specified to come into operation on 1 January 2013 (being the day on which the Act comes into operation)— (a) will be taken to have been approved on the recommendation of the Advisory Council if it has been the subject of a recommendation of the Advisory Committee under the repealed Act; and (b) will be taken not to be subject to the requirement that applies under section 274(3) of the Act before it can take effect for the purposes of the Act. 741—Consultants A person who, immediately before the relevant day, holds a current approval under section 32(3)(a) of the repealed Act will be taken to hold an approval under section 68(4)(c) of the Act. Part 5—Transitional and saving provisions associated with Work Health and Safety (Engineered Stone) Amendment Regulations 2024 742—Particular work involving engineered stone—exception if carried out before 1 July 2024 Regulation 529D does not apply to work that involves engineered stone benchtops, panels or slabs if— (a) the work is carried out before 1 July 2024; and (b) for work that involves processing the stone—the work is controlled. 743—Particular work involving engineered stone—exception if carried out under pre-2024 contract (1) Regulation 529D does not apply to work that involves installing engineered stone benchtops, panels or slabs if the work is carried out— (a) under a contract originally entered into on or before 31 December 2023; and (b) on or before 31 December 2024. (2) Regulation 529D does not apply to work if— (a) the work involves supplying or processing engineered stone benchtops, panels or slabs to be installed under a contract referred to in subregulation (1)(a); and (b) the work occurs on or before 31 December 2024; and (c) for work that involves processing the engineered stone—the processing is controlled. 744—Application of Chapter 8A Part 3 to processing of engineered stone carried out before 1 July 2024 (1) Regulation 529G(2) does not apply to a person conducting a business or undertaking carrying out, or directing or allowing a worker to carry out, work to which regulation 529G(1) applies if the work is carried out before 1 July 2024 and— (a) the work is no longer being carried out on or after 1 July 2024; or (b) the work is being carried out on or after 1 July 2024 and the person gives the regulator a written notice described in regulation 529G(2) in relation to the work— (i) on or before 1 July 2024; or (ii) as soon as practicable after 1 July 2024. (2) A notice given under subregulation (1)(b) is taken, for the purposes of Chapter 8A Part 3, to be a notice given under regulation 529G(2).